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Unfortunately, no. In 2023, boat accidents caused over $63 million in property damage alone....
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Broadly, California has some of the least restrictive boater laws in the country to encourage tourism. Almost anyone can operate a large party barge, roaring speedboat, or powerful jet ski, even if they have little or no experience operating such motor vehicles. Moreover, boat operators serve as party hosts and/or tour guides. The divided attention increases the danger.
Boat accidents, like falls, drownings, and collisions, often cause serious injuries. Emergency responders are usually on the scene of a car crash in under five minutes. However, the response time is generally longer if injury occurs on a lake or other body of water. As a result, serious injuries usually become life-threatening catastrophic injuries.
Advanced medical treatment is by no means the only issue. These matters are also legally complex.
Many large reservoirs and lakes in SoCal, such as Lake Elsinore, spread across multiple counties. On a side note, Lake Elsinore also has a large “unlimited” speed zone for watercraft. Furthermore, the person or entity that owned the boat, instead of the negligent operator, could be financially responsible for damages.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may also be available in extreme cases like a tortfeasor (negligent operator) with a high BAC level. The skilled Boating Accident Attorneys at the Law Offices of Eslamboly Hakim usually settle these matters out of court and on victim-friendly terms.
Operator mistakes cause about 90 percent of the boating accidents in California. These mistakes include aggressive driving, like excessive speed, and operator impairment, such as alcohol abuse. At one time or another, everyone has operated a boat or other motor vehicle in an unsafe manner. We all make mistakes, and we must all face the consequences of those mistakes. If a mistake constitutes negligence or a lack of care, the consequences include paying compensation, as outlined above.
Product manufacturers, not boat operators, are often legally and financially responsible for machine failure-related injuries. Full compensation is usually available in such cases. Weather conditions, like rough water, frequently contribute to boat accidents. However, weather conditions, excluding an extreme event like an unexpected tsunami, usually contribute to boat accidents. Partial compensation is usually available in such cases.
Specific boat operator mistakes include:
Operator Inattention
Operator Inexperience
Alcohol Use
Excessive Speed
Machinery Failure
Weather Conditions
To establish first-party liability, a Boating Accident Attorney in Los Angeles must prove four elements by a preponderance of the evidence (more likely than not). The defendant must pay compensation if the defendant had a duty of care, the defendant breached that duty, the breach caused the accident, and the accident resulted in damages.
Assume Owen Operator was speeding five mph above the limit. Most people would agree that Owen’s marginal excessive speed was not a breach of duty. If Owen was speeding 15 mph above the speed limit, most people would agree it’s over the line.
Several rules apply to premises liability boat accidents, such as falls and drownings. All owners have a duty of care to prevent injuries. The extent of this duty depends on several factors, including the owner’s knowledge of a slippery deck or other injury-causing hazard, their control over the boat, their relationship with the victim, and the cost of preventing the injury.
Frequently, another individual or entity legally owns the boat. This person or entity could be financially responsible for damages, even if a tortfeasor substantially caused the accident. Uninvolved owners are directly responsible for damages if, while they had exclusive control over the boat, jet ski, or other watercraft, they fell short of the aforementioned standard of care. Failure to conduct proper safety inspections is the most common issue in this area. Remote owners are indirectly responsible for damages if they violate the negligent entrustment rule. According to this doctrine, owners are responsible if they allow an incompetent person to use their motor vehicle and that person substantially causes a wreck or other injury.
At the Law Offices of Eslamboly Hakim, our Boating Accident Attorneys in Los Angeles identify the party responsible for injuries and pain, build a strong case, and relentlessly advocate for victims. Reach out to us now to schedule your free consultation because you have limited time to act.
Unfortunately, no. In 2023, boat accidents caused over $63 million in property damage alone....
From the beginning, the first saga of Marvel movies leads to the big, final...
In California if you have ten minutes, an internet connection, and a valid credit...
Unfortunately, no. In 2023, boat accidents caused over $63 million in property damage alone....
From the beginning, the first saga of Marvel movies leads to the big, final...
In California if you have ten minutes, an internet connection, and a valid credit...